On Monday, the U.S. Supreme Court declined to hear appeals from washing machine manufacturers and retailers who were facing class action lawsuits over allegations that their front-loading washers were defective and susceptible to mold growth.
Plaintiffs in the moldy washer class action lawsuits argued that the front-loading washing machines did not clean themselves properly, resulting in mold growth and a musty smell. The appliance manufacturers and retailers argued that only a small number of the washing machines had these problems and that the vast majority of consumers weren’t harmed by the alleged defect.
Whirlpool Corp., BSH Home Appliance Corp. and Sears Roebuck & Co. each submitted a writ of certiorari, arguing that Class Members of the front-loading washer defect class action lawsuits had not met the predominancy requirements for certification of their class action lawsuits. The appliance companies argued that the alleged defects between the different brands were not similar enough to be heard at the same time.
The Supreme Court’s decision not to hear the appeal is a big win for consumers who allege they purchased defective front-loading washing machines that became moldy or emitted musty odors when used as directed. The high court did not explain why it refused to hear the moldy washing machine cases.
Class certification for the moldy washing machine lawsuits was reversed after the Supreme Court’s landmark Comcast v. Behrend decision last March, which found that the proposed Comcast class was too diverse to justify class action lawsuit status. This decision was widely viewed as a huge hurdle for plaintiffs seeking class certification.
Following the Comcast decision, the 6th and 7th Circuit Courts of Appeals again ruled in favor of the plaintiffs in the moldy washing machine lawsuits. The defendants again appealed the decision, hoping that the Supreme Court would continue to take a hard stance against class action lawsuits.
In addition to the Comcast decision, the Supreme Court has recently limited the rights of plaintiffs seeking to certify class action lawsuits. In 2011, the high court ruled that AT&T could enforce arbitration clauses that would force customers into arbitration and deny them access to class action lawsuits. Last year, the Supreme Court ruled in AmEx v. Italian Colors that a customer could not get out of a contractual ban on class action lawsuits, even if they claimed an “effective vindication” exception.
The Supreme Court’s refusal to hear the appeals of the front-loading washing machine defect lawsuits has been viewed by attorneys and legal experts as a setback for business groups that sought to build on the Comcast, AmEx and AT&T decisions.
The plaintiffs are represented by Jonathan Selbin and Jason Lichtman of Lieff Cabraser Heimann & Bernstein LLP and Samuel Issacharoff of New York University School of Law.
The Front-Loading Washing Machine Defect Class Action Lawsuits are Whirlpool Corp. v. Gina Glazer, et al., Case No. 13-431; Sears Roebuck & Co. v. Larry Butler, et al., Case No. 13-430; and BSH Home Appliances Corp. v. Cobb, et al., Case No. 13-138, in the U.S. Supreme Court.
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32 thoughts onSupreme Court Won’t Hear Moldy Washer Class Action Lawsuit Appeal
Yes its true the front load washer do leave clothes with moldy smell. I own a Amanda washer and dryer and they both always need fixing and attention. I don’t know how much water you can save if I have to run the clothes through the cycle two sometimes three times.
Yes its true the front load washer do leave clothes with moldy smell. I own a Amanda washer and dryer and they both always need fixing and attention. I don’t know how much water you can save if I have to run the clothes through the cycle two sometimes three times. Let file and appeal !!!
Why does no one answer these?? Let’s file a lawsuit! :) HATE my Whirlpool Duet that the Whirlpool rep talked me into when she happened to be in Lowes. Clothes are never REALLY clean and the mold is sickening. Let’s see if I have this right? Take your very slightly dirty clothes and swirl them around in mold water. Sounds fresh to me. I occasionally wash clothes at my daughter’s APARTMENT for her and the clothes come out amazing from a cheap, regular washer. Can we or can we not be included in this lawsuit??
I have had my LG front load washing machine for 4 years and I hate it. It has mold and I always leave the door open. I wash it once a month with bleach and the mold is still there. It is always off balance. Where can i make a complaint about my LG front load washing machine?
The top load machine is no better it cannot balance the load & it really doesn’t agitate. What happened to the old fashioned washing machines?? I am going to see if there’s any way that I can but a commercial front load machine. I don’t believe they have mold problems and U can see the clothes actually sit in the water so U know they R all getting wet & washed!!
I have an Electrolux front load washing machine, that I bought from Sears. I too have the mold problem and I regret purchasing this fancy machine. I would be interested in joining the law suit.
I had tried an LG front load machine. It never had a chance to get moldy because I was lucky enough that the store exchanged it for a top loader as soon as I figured out that it really doesn’t WASH THE CLOTHES. TEST UR machine. Put a bleach wash in & ADD A FADEABLE DARK BLUE OR BLACK RAG. Check the rag when the wash is done. U should find all little white spatters on it…This showed me that the ENTIRE FABRIC DID NOT GET WASHED IN BLEACH. It felt like the machine just spit water on the clothes & they really didn’t get washed..DO THE TEST & That should be another class action law suite.
I have been dealing with this problem and I have to scrub my washing machine monthly and run a bleach cycle to keep the mold down. Can some one contact me with information on how to join the class action?
This is my 2nd comment, I would gladly give my front-loading machine away, but no one that I know wants it! It does not get clothes clean. I know of 3 other people that say the same thing. I want to join the law suit!
Is it too late to join in the class action suit? Please supply me with any info that may be useful. Thanks
I would like information as to how to be included in this lawsuit against manufacturers/retailers of front loading washers. Thanks.